Legal Researcha and Bibliographychu.pptx

About the Gender fair use of Language.

1. Nelson P. Valdez versus Atty. Antolin Allyson Dabon, Jr. (A.C. No. 7353, November 16, 2015)

2. FACTS: The petitioner Nelson P. Valdez filed a complaint of disbarment against the respondent Atty. Antolin Allyson M. Dabon, Jr. on the grounds of grossly immoral and indecent conduct, which goes against the high moral standards set to be followed by members of the bar. In the complaint, the petitioner’s spouse Sonia Valdez confided the illicit affair with the respondent. However, bothered by conscience, Sonia Valdez wanted to end the immoral act. On the other hand, the respondent does not want to end the affair and continued to harass Sonia by calling and sending letters, persuading Sonia to continue the affair. Based on this, the petitioner filed a complaint for disbarment. In his defense, the respondent argued that the complaint is baseless and is just a futile attempt to malign the respondent’s reputation. The respondent added that they are just friends and that it is highly unlikely that the respondent, being a married lawyer would have lustful intentions towards “an ordinary plain-looking 43-year-old woman with two teen aged children.”

3. ISSUE: Whether the respondent is guilty of disbarment considering the alleged affair with the complainant’s wife is an immoral act.

4. RULING: YES . The Supreme Court explained that lawyers carry with them a burden to be examples of good morals and ethical conduct. In this sense, they must handle their personal affairs with high regard. Only by grossly immoral conduct can lawyers be disbarred. Based on evidence, Sonia and the respondent have been proven to have an illicit affair. Holding an affair is considered a grossly immoral act because it goes against the grain of common decency by showing impunity in desecrating the sacred vow of marriage. Under this ground of committing a grossly immoral act, the court finds that the respondent should be disbarred.

5. STEREOTYPES AND ANTAGONISTIC LANGUAGE IN VALDEZ v. DABON In the defense of Atty. Dabon Jr., he attempts to undermine the accusations against him by describing Sonia Valdez in a way that emphasizes her supposed lack of attractiveness. He calls her "an ordinary plain-looking 43-year-old woman with two (2) teenaged children".

6. STEREOTYPES AND ANTAGONISTIC LANGUAGE IN VALDEZ v. DABON The case highlighted gender stereotypes not just in the portrayal of a woman but how a lawyer should have high standards to warrant attraction. In the inverse, male lawyers are only attracted to young, single, and beautiful women.

7. STEREOTYPES AND ANTAGONISTIC LANGUAGE IN VALDEZ v. DABON While ultimately finding that Sonia freely entered the relationship, the majority opinion's reasoning relies on stereotypical assumptions about how women who've experienced sexual assault should behave. It states that a "sexually abused woman could not be expected to lavish her oppressor with expensive gifts or pay him affectionate compliments or words of endearment."

8. STEREOTYPES AND ANTAGONISTIC LANGUAGE IN VALDEZ v. DABON This reasoning ignores the complexities of power dynamics in relationships and the possibility of a victim feeling pressured to appease or maintain a connection with their abuser.

9. STEREOTYPES AND ANTAGONISTIC LANGUAGE IN VALDEZ v. DABON In contrast to the majority opinion, Justice Leonen explicitly recognizes the potential for power imbalances to influence consent and behavior within relationships, especially in the workplace. He cites Garcia v. Drilon to emphasize that the law recognizes " the unequal power relationship between women and men " as a factor contributing to gender-based violence.

10. STEREOTYPES AND ANTAGONISTIC LANGUAGE IN VALDEZ v. DABON Justice Leonen argues that even though Atty. Dabon wasn't Sonia's direct superior, his position within the judiciary could have created a hostile work environment for her. This perspective aligns with the principles of gender-fair language by acknowledging the systemic power imbalances that can make it difficult for women to navigate relationships with men in positions of authority.

11. Atty. Dabon's blase attitude towards the affair and its aftermath not only made a mockery of the position he holds as member of the bar and an employee of the judiciary, but also showed his utter disregard for laws protecting and respecting the dignity of women. He failed to meet the high standard of morality required of his profession. He is unfit to be a member of the bar. Gender Fairness and Professional Responsibility: Atty. Dabon’s Disregard for Women's Dignity and Legal Standards

12. NOTE Justice Leonen's opinion uses language that aligns with the principles of gender fairness by: Acknowledging the power imbalances inherent in relationships, particularly within the context of the workplace. Criticizing language that perpetuates harmful stereotypes and undermines a woman's dignity. Advocating for a nuanced understanding of consent within the context of power dynamics.